- (1.) The appeal is directed against the judgment and order dated 25.02.2005 passed by the learned Single Judge in W.P. No. 5432 (W) of 2003 whereby the learned Single Judge directed the appellant Corporation to grant pensionary benefits to the writ petitioner by treating his option as on 25.07.1976. The writ petitioner was an employee of the appellant Corporation and he claimed that he had filled his option in prescribed form for pension-cum-gratuity scheme within the stipulated period. According to the writ petitioner, on 25th May, 1976 he was handed over the prescribed option form and he opted for pension-cum-gratuity scheme which the appropriate authority accepted on 30th June, 1977. He superannuated on 31st January, 1994. During his entire service tenure the appellant Corporation had deducted and deposited his provident fund in the general provident fund scheme which entitled him to pension and gratuity after retirement. However, after his superannuation the appellant authority rejected his prayer for pension-cum-gratuity and issued a pay order of Rs. 30,000/- only as the contribution in the contributory provident scheme. The writ petitioner therefore prayed for grant of his pensionary benefits upon superannuation under pension-cum-gratuity scheme.
(2.) In the affidavit-in-opposition, the appellant Corporation took a plea that no option had been submitted by the writ petitioner and even if the same was submitted as per the averments in the writ petition the same was a belated one.
(3.) Learned Single Judge after considering the materials on record and in view of the conduct of the appellant Corporation in deducting and depositing fund in the name of the writ petitioner in the general provident fund account during his service tenure allowed the writ petition and directed that pensionary benefits retrospectively be granted to the writ petitioner from his retirement. Learned Single Judge further directed that the aforesaid sum of Rs. 30,000/- paid to the writ petitioner under contributory provident fund scheme be deducted from such pensionary benefits in 30 equal installments.;